Grande v Lismore City Council (No 2) [2025] NSWCATAD 47

Grande v Lismore City Council (No 2) [2025] NSWCATAD 47

Applicant failed to establish special circumstances warranting a costs order under s 60 of the Civil and Administrative Tribunal Act 2013 (NSW); Applicant's assertions regarding Respondent's alleged conduct and entitlement to costs based on success were unsupported by evidence and not sufficient to meet the required...

Source-derived case information.

Parties
Applicant: Nicholas Grande; Respondent: Lismore City Council
Jurisdiction
Australia
Judgment Date
24 February 2025
Procedural Posture
Costs Application (administrative Review) / Final Determination of Costs Applications After Consent Orders in Substantive Proceeding
Outcome
Both parties' applications for costs dismissed; no order as to costs.
Legal Topics
Costs Applications, Special Circumstances for Costs, Access to Government Information, Civil and Administrative Tribunal Procedure
Administrative Law Costs Applications Special Circumstances for Costs Access to Government Information Civil and Administrative Tribunal Procedure

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Parties

Nicholas Grande

Applicant

Lismore City Council

Respondent

Procedural Posture

Costs Application (administrative Review) / Final Determination of Costs Applications After Consent Orders in Substantive Proceeding

Legal Issues

  1. 1 Whether special circumstances under s 60 of the Civil and Administrative Tribunal Act 2013 (NSW) warrant a costs order in proceedings under the Government Information (Public Access) Act 2009 (NSW)

Ratio Decidendi

Applicant failed to establish special circumstances warranting a costs order under s 60 of the Civil and Administrative Tribunal Act 2013 (NSW); Applicant's assertions regarding Respondent's alleged conduct and entitlement to costs based on success were unsupported by evidence and not sufficient to meet the required threshold.

Court Disposition

Both parties' applications for costs dismissed; no order as to costs.

Orders

  • The costs application in respect of the costs of the substantive proceeding made by the Applicant is dismissed.
  • The costs application in respect of the costs of the Applicant's cost application made by the Respondent is dismissed.